Careless driving and BAC over 0

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Joined: Fri Sep 09, 2011 4:06 pm

Careless driving and BAC over 0

by: gtownsteve on
Fri Sep 09, 2011 5:07 pm

Recently charged with Careless driving (option 3 summons) and blood alcohol over 0 (20 years old) crashed the car, not hurt but a neighbor called 911 and ambulance convinced me to go to hospital to make sure I was OK. Met police at the hospital. The OPP show up and gave me the tickets. He asked me few questions about the accident, didnt have me make any statement, and actually filled out the accident report with someone else (who didnt witness it and got the facts wrong IE. direction of travel. I assume someone told him I was drinking (accident was near the party) as I told him I wasnt until after the accident when some of the other partiers had me drink after the accident to calm me down (they cant prove by breath sample that I drank before the accident). Through the help of I am putting together my own defence and actually found a problem before getting disclosure which will enable me to have both of these charges withdrawn. I have requested disclosure at my first appearance.

The problem is, I have discovered the road I was traveling on is a private road. The superintendent of the property confirmed with me that the OPP have no jurisdiction to lay highway traffic act charges (of which these both are)

My question is at what point do I point out the problem and to whom?

Do I need evidence that this was not on a "highway" by definition of HTA?
a) Do I notify the crown and make them back off?
b) Do I go to trial and wait until they have presented their case and bring up the point when I cross examine a witness?
c) Do I open my defence with it and immediately request that the charges be dismissed?
d) Do I just bring it up as a point in my defence that it is private land, watch the prosecutor squirm and drop the bomb in closing arguments that they have not proven that I have broken any laws?

Any suggestions on how best to procede?
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